| Summary: | 博士 === 國立臺灣大學 === 歷史學研究所 === 107 === By using “Dao Qie Lei (Category of theft, 盜竊類)” of Qingdai Tongzhichao Sichuan Baoxian Yamen Dangan (Archive Ba, 清代同治朝四川巴縣衙門檔案) and other relative sources, this dissertation explores what issues a magistrate as the most fundamental official of the administrative bureaucracy should concern at the trail. This dissertation analyzes this through three aspects—the change of laws, the formation of official knowledge, and the reflection of the social realities—to understand the question of how a magistrate thinks by discussing the general and particular situations.
This dissertation seeks three primary topics. The first is the change of laws. The legal system includes law, regulation, and provincial regulation to deal with different administrative levels due to the different considerations on the criminal action of theft. The second is the formation of official knowledge. Official handbooks and detective stories each represent what the image of an ideal official is for the officials and ordinaries. The third centers on Baxian magistrates’ dilemma between administrative cohorts and the diverse society. The magistrates of Baxian suffered from a relatively higher pressure because they located at the city of Chongqing with Chuandong Dao, the prefecture of Chongqing, and the garrison of Chongqing, although it was comparatively easier to transfer criminals among them.
In addition, the magistrate of Baxian also encountered the influences from the diversity of Chongqing urban at the trail. During the reign of Tongzhi period, Chongqing was featured as an immigrant and commercial society. The fundamental organizations had active effects on local society. Meanwhile, theft existed during the wartime and post-war. Examining the spatial structure, Chongqing was not only crowded but also was framed as multiple areas by different organizations. Outside the urban area, there were villages located among mountainous areas. The city and villages were divided by the Yangzi and Jialing River. These spatial characteristics displayed the differences of theft between urban and countryside, and it also showed the different reactions while people encountered from theft.
By focusing on illicit goods, this dissertation investigates on the Baxian magistrates’ struggles during the reign of Tongzhi period because complicated considerations entangled. They had to find out the illicit goods, obtained evidences, avoided framing up, counting the value of spoils, and transferring criminals to other administrative levels based on the severe process. Although these magistrates could play around the judgements on these cases, they still needed to obey the legal system. Therefore, this dissertation argues that magistrates’ trail was influenced by society, legal system, and their knowledge.
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